Workers’ Compensation · Primary-source case analysis

Brower: Permanent-Disability Advances Follow the Temporary-Disability Cap

By Aneeta Mishra and Timothy Chan

Published May 4, 2026

Brower addresses the payment sequence when the statutory temporary-disability duration expires but the worker is not yet permanent and stationary and is later found permanently totally disabled.

Temporary disability exhausted before final status

Warren Brower reached the 104-week temporary-disability limit while still not permanent and stationary. The case later resulted in a permanent-total-disability determination, creating a dispute over the intervening payments and cost-of-living adjustments.

Permanent-disability advances should begin

When temporary-disability payments stop under section 4656(c) before permanent-and-stationary status, the defendant must begin permanent-disability indemnity based on a reasonable estimate of the worker's ultimate disability.

A later total award reaches back to entitlement

If a worker receiving partial-disability advances is ultimately found permanently totally disabled, total-disability indemnity is payable retroactively from the date the statutory obligation to pay temporary disability ended, with credit for appropriate advances.

COLA timing follows entitlement

The Board held that section 4659(c) cost-of-living adjustments begin on the first January after entitlement to permanent-disability indemnity under the applicable advance provisions. Current calculations still require the injury date, statutory versions, credits, and award findings.

Key takeaways

• Calendar the temporary-disability cap and anticipated transition.
• Use a reasonable disability estimate for required advances.
• Reconcile partial advances with any later permanent-total award.
• Calculate COLAs from the legally determined entitlement date.